A 14-YEAR-OLD schoolboy who carried out a serious sex attack on an 11-year-old lad has escaped custody at Lincoln Crown Court.
The two boys were playing computer games when the 14-year-old grabbed hold of the younger boy.
Phil Howes, prosecuting, said the 11-year-old was forced to commit a sex act on his attacker and the older boy then pulled down his victim’s trousers and carried out a further offence.
The incidents came to light after the victim told relatives while he was being given a lift to choir practice.
Mr Howes said the victim and his family had been badly affected by what happened.
“The boy’s parents had two weeks off work because they were in such shock. What happened has had a devastating effect on the family.”
The 14-year-old, who lives in a south Lincolnshire village, admitted rape and sexual assault as a result of the incidents on May 19, 2011.
He was given a youth rehabilitation order with 12 months’ supervision and a three-month night time curfew. He was also put on the sex offenders’ register for five years and banned from contacting his victim for five years.
Judge Michael Heath said that sentencing guidelines meant he had to consider the welfare of the defendant when passing sentence.
He told the boy: “If you had done what happened to a son of mine I would have been very angry but in my judgement a custodial sentence is neither necessary nor appropriate bearing in mind your welfare is one of the matters I have to have regard to.”
Graham Huston, defending, said the offences arose from sexual experimentation by the boy.
“He comes from a very decent family. He didn’t perceive the resulting harm that would be caused. He didn’t see the consequences but he has since. He fully understands how serious these matters are.
“The psychiatric report sets out the disastrous consequences of incarceration for this young man. If he is sent to custody his life will be ended to all intents and purposes.”